HJohnston-PA201-Unit 9_Assignment

HJohnston-PA201-Unit 9_Assignment - RUNNING HEAD PA201 UNIT...

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RUNNING HEAD: PA201 UNIT 9 ASSIGNEMENT – RESEARCH PLAN 1 PA201- Unit 9 Assignment – Research Plan Heather Johnston Kaplan University October 24, 2016
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PA201 UNIT 9 ASSIGNEMENT – RESEARCH PLAN 2 Research Plan Part 1 A. Provide 3 secondary sources that you would consult regarding this legal issue. Include a summary of each source and also the proper Bluebook citation. 1. George L. Blum, Grandparents' visitation rights where child's parents are deceased, or where status of parents is unspecified , 69 A.L.R. 5 th (1999). This secondary source is found in the American Law Review. This article explains what grandparent rights are and how they are applicable. It goes on to cite cases for each state that pertains to grandparent visitation rights. It helps the reader determine if and under what circumstances that a grandparent has visitation rights. 2. 24A Am. Jur. 2d Divorce and Separation § 895 This secondary source gives great examples of situations where grandparents could petition the courts for visitation rights. It outlines in what situations would be in the best interest of the child where visitation is sought after. This source also includes cases to refer to in each situation and an explanation of what each statute means. 3. Michael Quintal, Court Ordered Families: An Overview of Grandparent-Visitation Statutes, 29 Suffolk U. L. Rev. 835 (1995). This secondary sources provides an insight to what grandparent’s right statutes allow and do not allow. It give an overview of what the statues requires to change in the parental relationship as a precondition to grandparent’s visitation, what it takes to determine what is in the best interest of the of the child, and preventing abuse of grandparents visitation statutes. B. Provide 2 cases that discuss your legal issue. Provide The Bluebook citation to each case and the Facts, Issue, Rule, Analysis, and Conclusion of each case. Lilley v. Lilley , 43 S.W.3d 703 (Tex.Ct.App. 1997). Facts – On May 15, 1997 S.M.L., daughter of appellant, Wendy Lilley, was born to Clay and Wendy Lilley. The following year Clay and Wendy decided to divorce. During the divorce process, Clay committed suicide. Wendy and her daughter continued to reside in Austin, Texas after Clay’s death. Meanwhile, Ray Lilley, Clay’s father has been helping Wendy out with S.M.L’s needs, such as daycare costs. Ray has since set up a trust fund for his granddaughter from life insurance proceeds from Clay’s death. Ray resides in Houston, Texas. Ray has one other biological child, a daughter, and she rarely gets to see her niece when she is not with Ray. Ray thought it would be okay to take S.M.L. to Houston for a couple of reasons, he would give Wendy a break, she will be able to get things taken care of and S.M.L. will be able to spend time with her deceased father’s family. After Clay’s death, Ray was upset with Wendy and blamed her for it. After time went by and Ray attending counseling he felt he was no longer angry with Wendy. Wendy claims that Ray intimidates her and that is why she moved to Austin.
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